Massachusetts Assault and Battery on a Family or Household Member, Intimidation of a Witness, Strangulation, Abuse Prevention Order Violation
Assault and Battery on a Family or Household Member, 209A Violation, Strangulation and Other Massachusetts Domestic Violence Crimes
We discuss Massachusetts domestic violence defense and procedure here.
If you have been arrested for a domestic violence crime, you are likely being charged with one or more of the following offenses. Please click on each link below for a detailed description of these offenses.
Domestic violence arrests and prosecutions in Massachusetts are emotionally fraught for families. Violence against loved ones can be incredibly destructive and dangerous to everyone involved, whether victims or witnesses. You should always look for treatment or counseling for alternatives to violence if you've ever been aggressive toward a loved one. Your spouse and children deserve better than living in fear of the person they should trust most for safety and support.
Massachusetts state police and local police, as well as all District Attorney's Offices, are also under pressure to make arrests and attempt to fully prosecute every case alleging domestic violence, no matter how minor or serious. This is understandable. However, it forces arrests in cases based on split-second decisions by police at a scene where both parties to a dispute were violent or threatening, and often the wrong person is arrested and charged.
Massachusetts Spousal Privilege
Often, prosecutions of this nature require the live testimony of an eyewitness to the actual, alleged incident. It is common for witnesses to decline to testify against their loved ones. Massachusetts law allows a spouse the option to refuse to testify against his or her spouse under the "spousal privilege" or "marital privilege."(Similarly, Massachusetts district attorney's offices are not allowed to call as witnesses children to cases alleging a crime against a parent, but only if the victim lives outside the home of the accused person.)
Massachusetts' Privilege Against Self-Incrimination
Also, every witness has a privilege against self-incrimination that comes from the Fifth Amendment to the United States Constitution. An altercation in which both spouses committed acts of violence, or even threats, entitles both the alleged victim and the accused to decline to testify. This is true even if the alleged victim was never charged or arrested. This privilege often leads to dismissal of a Massachusetts criminal case charging domestic violence.
Both privileges against testifying should be explored in every case by a Massachusetts criminal lawyer in your case. Please contact us if you'd like to discuss avenues to dismissal of your Massachusetts criminal case charging domestic violence.
- Assault and Battery on a Family or Household Member (Mass. Gen. Laws ch. 265, §13M)
- Strangulation or Suffocation (Mass. Gen. Laws ch. 265, §15D)
- Assault and Battery with a Dangerous Weapon ('ABDW') (Mass. Gen. Laws ch. 265, §15A)
- 209A Orders and Violation of a 209A Abuse Prevention Order ('Restraining Order') (Mass. Gen. Laws ch. 209A, §7)
- 'Stalking' (Mass. Gen. Laws ch. 265, §43) and 'Harassment' (Mass. Gen. Laws ch. 265, §43A)
- Intimidation of a Witness (Mass. Gen. Laws ch. 268, §13B)